What was the dissenting opinion in the Baker v. Carr case?
Asked by: Tate Graham | Last update: May 22, 2026Score: 4.7/5 (73 votes)
The dissenting opinions in Baker v. Carr, primarily written by Justices Felix Frankfurter and John Marshall Harlan II, argued against the Supreme Court taking jurisdiction, viewing legislative apportionment as a "political question" best left to legislatures, fearing judicial overreach, disrupting federalism, and violating separation of powers by entering a "political thicket" without clear constitutional standards for resolving such issues. Frankfurter emphasized judicial restraint and history, while Harlan questioned if the Equal Protection Clause mandated "one person, one vote," believing the Constitution allowed for some vote weighting.
What was the dissenting opinion of Baker v. Carr?
In dissent, Justice Hugo Black asserted that the case was justiciable and did not present “political questions.” “Here we have before us a state law,” he wrote, “which abridges the constitutional rights of citizens to cast votes in such a way as to obtain the kind of congressional representation the Constitution ...
What was the dissenting opinion of the Court?
A dissenting opinion refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case. A party who writes a dissenting opinion is said to dissent.
Were there any dissenting opinions written in Brown v. Board of Education?
The lone dissenter, Justice John Marshal Harlan, interpreting the Fourteenth Amendment another way, stated, "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens." Justice Harlan's dissent would become a rallying cry for those in later generations working to declare segregation ...
What was the reasoning behind Baker vs Carr?
Baker v. Carr involved a claim that the Tennessee legislature had failed to reapportion the state's legislative districts in accordance with the state constitution.
Who Dissented In Baker V. Carr? - Your Civil Rights Guide
What did the Baker decision say you could successfully do?
The Baker decision established that redistricting issues could be subject to judicial review, allowing courts to intervene in cases of extreme partisan gerrymandering.
What was the result of the Supreme Court decision in Baker v Carr quizlet?
The Fourteenth Amendment addresses a variety of issues concerning citizenship and citizens' rights "Equal protection of the laws". As a result of the Supreme Court decision in Baker v. Carr (1962), courts can require states to redraw voting districts so that they are roughly equal in population.
Does segregation still exist in schools today?
On May 17, 1954, the Supreme Court ruled in Brown v. Board of Education that school segregation was unconstitutional. Yet 70 years later, in most major cities, schools remain segregated. In fact, segregation is growing in the nation's largest school districts.
What was John Marshall Harlan's dissenting opinion?
He wrote: "In the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. "Our constitution is colorblind, and neither knows nor tolerates classes among citizens.
What case overturned segregation?
The Supreme Court's unanimous decision in Brown v. Board of Education occurred after a hard-fought, multi-year campaign to persuade all nine justices to overturn the “separate but equal” doctrine that their predecessors had endorsed in the Court's infamous 1896 Plessy v. Ferguson decision.
What are famous dissenting opinions?
Here is a quick look at some noteworthy dissents from the bench that are still discussed today.
- Dred Scott v. Sandford, March 6, 1857: ...
- Plessy v. Ferguson, May 18, 1896: ...
- Olmstead v. United States, June 4, 1928: ...
- Minersville School District v. ...
- Korematsu v. ...
- Abington School District v. ...
- FCC v. ...
- Lawrence v.
Does dissent mean agree or disagree?
A dissent refers to at least one party's disagreement with the majority opinion. An appellate judge or Supreme Court Justice who writes an opinion opposing the holding is said to write a dissenting opinion.
What is a dissenting opinion in a case brief?
Judges on a court don't always agree with each other! A dissenting opinion is a judicial opinion written by a judge who refuses to join the majority opinion because he/she does not agree with the outcome of the case.
What was the Court's dissenting opinion?
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
What were the majority and dissenting opinions?
A dissenting opinion is an appellate opinion of one or more judges which disagrees with the reasoning stated in the majority or plurality opinion and, consequently, with the result reached in a case.
What was the political question in Baker v. Carr?
The Holding in Baker v. Carr. The question before the court was whether a state's apportionment plan was purely a question for the state's lawmakers to tackle. The Warren Court, in a 6-2 decision, held that federal courts do have jurisdiction over reapportionment issues.
What was the impact of the dissenting opinion?
U.S. Supreme Court dissenting opinions sometimes influence future opinions of the Court, shape case law, and in some cases, change the course of U.S. history. In his book Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue, Melvin I.
What famous cases had strong dissents?
Famous U.S. Supreme Court cases with influential dissents include Plessy v. Ferguson (Harlan's "Our Constitution is color-blind" dissent), Dred Scott v. Sandford (Curtis's dissent), Olmstead v. United States (Brandeis's dissent on privacy), and Korematsu v. United States (Jackson's dissent against Japanese Internment), with Justices like RBG, Scalia, and Holmes also known for powerful dissents that often foreshadowed future legal shifts.
What was the dissenting opinion in Katz v. United States?
Excerpt: Dissent, Justice Hugo Black
I do not believe that it is the proper role of this Court to rewrite the [Fourth] Amendment in order 'to bring it into harmony with the times' and thus reach a result that many people believe to be desirable. . . .
Does the color line still exist today?
Current usage
The phrase circulates in modern vernacular as well as literary theory. For example, Newsweek published a piece by Anna Quindlen entitled "The Problem of the Color Line," about the continuing plague of racial discrimination in the United States. The phrase does not only find use in the print world, either.
Who stopped segregation in schools?
On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional.
Is segregation worse now than in the past?
Board of Education decision, multiple studies confirm that K–12 public schools across the country are more racially segregated today than they were in 1954, when the case was decided. “We're not being prepared,” Pierce says.
What was the end result of Baker v Carr?
The Baker decision protected individual rights by holding that unequal representation of citizens is unconstitutional and may be reviewed by courts. In 1964, the Supreme Court heard six more cases regarding legislative apportionment in Alabama, Colorado, Delaware, Maryland, New York, and Virginia.
What 1969 event became the most dramatic action taken by militant American Indians in the United States?
The occupation of Alcatraz Island is one of the most significant Red Power Movement actions, acting as a catalyst for the movement as a whole. On November 20, 1969, a group of American Indian activists under the name “Indians of All Tribes” occupied Alcatraz, an island in the San Francisco bay.
What did Scotus hold in Baker v Carr?
Having declared redistricting issues justiciable in Baker, the court laid out a new test for evaluating such claims. The Court formulated the "one person, one vote" standard under American jurisprudence for legislative redistricting, holding that every person had to be weighted equally in legislative apportionment.